Copyright registration service

Copyright registration is an essential step in protecting creative works from infringement and unauthorized copying. The registration process not only confirms legal ownership rights but also establishes a solid legal foundation to help manage and exploit one’s work more effectively. By completing the registration, you ensure that the rights related to your work are protected and respected in accordance with the law.

Legal regulations on copyright

According to the provisions of Clauses 3 and 4, Article 4 of the Intellectual Property Law 2005 (amended in 2009, 2019, and 2022):

• Copyright is the right of organizations or individuals over works that they have created or own. Copyright is automatically established from the time the work is fixed in a tangible form, regardless of whether the work has been published, registered, or not.
• Rights related to copyright (hereinafter referred to as related rights) are the rights of organizations or individuals over performances, sound recordings, video recordings, broadcasting programs, and satellite signals carrying encrypted programs.

Content of copyright
According to Article 18 of the 2005 Intellectual Property Law, copyright includes both personal rights and property rights.

Regarding property rights, according to Article 20 of the 2005 Intellectual Property Law, as amended by Clause 5, Article 1 of the 2022 amendment, these rights specifically include:

• Creating derivative works;
• Performing works publicly;
• Copying works;
• Distributing, importing original copies or copies of works;
• Communicating works to the public via wired, wireless, electronic networks, or any other technical means;
• Renting out original copies or copies of cinematographic works or computer programs.

These personal rights are exclusively exercised by the author or the copyright owner, or allowed to others to exercise. Organizations and individuals who exploit or use any of these personal rights must seek permission and compensate the copyright owner.

Regarding personal rights, according to Article 19 of the 2005 Intellectual Property Law, as amended by Clause 5, Article 1 of the 2022 amendment, specifically:

1. Naming the work.

   The author has the right to transfer the right to name the work to the organization or individual receiving the transfer of property rights as provided in Clause 1, Article 20 of this Law;

2. Using their real name or pseudonym on the work; being named by their real name or pseudonym when the work is published or used;

3. Publishing the work or allowing others to publish it;

4. Protecting the integrity of the work by preventing others from distorting, modifying, or cutting the work in any way that may harm the author’s honor and reputation.

Works eligible for copyright protection
According to Article 14 of the 2005 Intellectual Property Law, as amended by Clause 5, Article 1 of the 2009 amendment, the types of works eligible for copyright protection include:

“Article 14. Types of works eligible for copyright protection:

1. Literary, artistic, and scientific works eligible for protection include:

   a) Literary, scientific works, textbooks, educational materials, and other works expressed in writing or other signs; b) Lectures, speeches, and other verbal presentations; c) Journalistic works; d) Musical works; e) Dramatic works; f) Cinematographic works and works created through similar methods (hereinafter referred to as cinematographic works); g) Sculptural works and applied art; h) Photographic works; i) Architectural works; k) Maps, diagrams, charts, drawings related to geography, architecture, or scientific projects; l) Folk literature and art; m) Computer programs, databases.”

Benefits of registering copyright

• Legal protection of rights: According to the Intellectual Property Law, registering copyright helps confirm and protect your legal ownership rights over the work. In the event of a dispute or infringement of ownership, copyright certification serves as crucial legal evidence.

• Increase the commercial value of the work: Registering copyright not only affirms legal ownership but also enhances the commercial value of the work. Copyright certification can attract the interest of investors, partners, or potential customers.

• Easier resolution of disputes: When disputes arise over ownership or use of a work, having copyright certification helps resolve legal issues more quickly and effectively.

Conditions for registering copyright

According to the Intellectual Property Law 2005 (amended in 2009, 2019, and 2022), the conditions for copyright protection are as follows:

• The person who directly created the work and is the copyright owner;
• Organizations or individuals, whether Vietnamese or foreign, whose work is first published in Vietnam and has not been published elsewhere;
• Organizations or individuals, whether Vietnamese or foreign, whose work is simultaneously published in Vietnam within 30 days of being first published in another country;
• Foreign organizations or individuals whose works are protected in Vietnam under international treaties on copyright to which Vietnam is a member.

Documents for registering copyright

The required documents include:

1. Copyright registration application form (Form No. 01 issued together with Circular No. 08/2016/TT-BVHTT on July 2, 2016, specifying forms for copyright registration activities).

   The application must be completed in Vietnamese and signed by the author, copyright owner, or authorized representative, providing complete information about the applicant, the author, the copyright owner, a summary of the work, the name of the work used for derivative works (if applicable), time, location, and form of publication, and a declaration of responsibility for the provided information.

2. Two copies of the work being registered for copyright.

3. Power of attorney, if the applicant is an authorized representative.

4. Documentation proving the right to apply for registration if the applicant holds the rights through inheritance, transfer, or succession.

5. Agreement documents from co-authors, if the work has multiple authors.

6. Agreement documents from co-owners, if the copyright is jointly owned.

Documents under points 3, 4, 5, and 6 must be in Vietnamese; if in a foreign language, they must be translated into Vietnamese.

• Number of applications: 01 set.

Where to submit registration documents and obtain certificates
Applications can be submitted directly or by mail to the Copyright Office, or to any of the following addresses:

• Copyright Registration Department, Copyright Office
  33 Ngõ 294/2 Kim Mã, Ba Đình, Hanoi, Vietnam
  Tel: 04.38 234 304

• Copyright Office Representative Office in Ho Chi Minh City
  170 Nguyễn Đình Chiểu, P. 6, Q. 3, Ho Chi Minh City
  Tel: 08.39 308 086

• Copyright Office Representative Office in Da Nang
  1 An Nhon 7, An Hải Bắc, Son Tra District, Da Nang
  Tel: 0511.3 606 967

• Department of Culture, Sports, and Tourism in provincial-level cities, where the author or copyright owner resides or has a registered office.

Processing time
The Copyright Office will issue a copyright registration certificate within 15 working days from the date of receiving a valid application. In case of rejection, the applicant will be notified in writing.

BKC Law’s copyright registration services

BKC Law offers comprehensive and professional copyright registration services to protect the rights of authors and copyright holders. We assist clients in completing registration applications, providing legal guidance throughout the process, and ensuring that their works are recognized and protected according to the law. With a team of experienced lawyers deeply knowledgeable about intellectual property rights, BKC Law is committed to delivering effective services, helping clients confidently protect their creative works.

For free legal consultation at BKC Law, please contact our lawyers via:

Phone: 0901 3333 41
Email: info@bkclaw.vn

District 1 Office: 9th Floor, Diamond Plaza, 34 Lê Duẩn, District 1, Ho Chi Minh City
Binh Tan Office: 41 Tên Lửa, Binh Tan, Ho Chi Minh City

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